NZLS reacted to the bill passing under urgency despite alleged inconsistency with human rights
Parliament has recently passed a bill ensuring the management and monitoring of returning offenders to improve public safety.
The Returning Offenders (Management and Information) Amendment Bill clarifies parliament's original intent for the existing legislation to apply retrospectively to all returning offenders, including those who committed an offence before the law came into force.
The bill was passed in response to the 2022 case of G v Commissioner of Police. The High Court held that the Returning Offenders (Management and Information) Act 2015 does not apply to returning offenders who committed offences in other jurisdictions before November 18, 2015. Following that case, parliament sought to pass legislation aligning with the law's original intent.
Justice Minister Kiri Allan said that the amendments would enhance the community's safety and support the rehabilitation and reintegration of returning offenders into New Zealand.
"These urgent amendments are necessary to ensure Police and Corrections can continue to manage the risks posed by returning offenders with pre-2015 convictions along with future returning offenders with pre-2015 offending histories," Allan said.
The Law Society pointed out that the bill was passed under urgency despite inconsistency with human rights. The society has raised concerns regarding double jeopardy and said that the amendments would subject returning offenders to parole-like conditions in New Zealand even if they have been deported in the country after a prison sentence in another jurisdiction. It will also allow the police to collect information from returnees to establish their identity and support future investigations. Although this is the case under the current act for returnees who committed offences after November 2015, the bill is broader and applies retrospectively to those who committed offences before that date, even if this is inconsistent with other laws.
"Parole is a normal part of our criminal justice system, and the bill only puts returning offenders in a similar position they would have been in if they had offended in New Zealand," Allan said.
The Law Society acknowledged that parliament left the door open for the justice select committee to consider specific issues on the risks of double jeopardy. The organisation promised it would continue to monitor the issue.
